The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1887-04-29
Unconstitutional Laws.

The following is list Of laws passed
by the legislature since 1875, which
the Supreme Court has declared un-
constitutional on the ground that they
arc local legislation.
1875, March lS.--Those sections
providing for assessment, levy and
collection of all taxes authorized to be
collected in cities of the third class are
unconstitutional, as the proviso pro-
vides such cities only shall be subject
TO the act as accept by ordinance its
provisions. Appeal to the city OF
Scranton School District Amerman,
III; Common wealth vs. Halstead, 43
Legal hteitigencer, ass.
1877, March 23.-Empowering Sher-
ifs to sue for their fees and regulating
practices before justices of the peace
is unconstitutional, being special legis-
lation as it affects particular persons.
Strine, late Sheriff, vs. Foltz, 8 Amer
man, 349.
1878, April 1s.-Providing for the
holding of courts in certain cities is
unconstitutional as in conflict with
article 8, section 7. Commonwealth
vs.. Patton, 7 Norris, 25S.
1878, May "a. - Authorizing any
owner of real estate in counties Of less
than 100000 inhabitants TO appeal is
unconstitutional, being local act regu-
lsting the affairs of counties. City of
Scranton vs. Slkman, 8 Amerman l9l.
1873, June 12.-Providing for the
fees Of Sheriffs, Coroners, Prothonota-
ries, ETC., ETC., except in counties con-
tanning more than 10000 inhabtaots
and less than 10000 is local legislation
aud unconstitutional. Morrison vs.
Bachert, 2 Amerman, 1922.
1879, June l1.-Authorizing the
plaintiff on filing an affidavit that he
believes defendant owns property which
he fraudently conceals, to examine de-
fendant under oath unconstitutional,
as no one is obliged to give evidence
which may criminate himself. Horst
man VS.. Kaufman, Outerbridge, 147.
1879, June 12.-Providing for the
holding of courts in certain cities in
counties of not less than $4,000 inhab-
itants unconstitutional, as in conflict
with section 7, article of the Consti-
tuition. Scowden's appeal, Is Norris, APP.
1879, June 28.-Authorizing the
filing of mechanics liens in certain
cases against leasehold interests-pro-
viding that the act shall not apply to
counties having population of over
100000 inhabitants Held unconsti
tutional as local legislation. Davis vs..
Clark, 10 Outerbridge, 377.
1921, February 14.-Enacting tnat
the Receiver of Taxes in cities of the
first class "shall have all the powers
and privileges and be subject to all the
duties and liabilities conferred or inn
posed upon the collector Of Delinquent
Taxes" is unconstitutional, as the act
did not re. enact or republish the pro-
visions conferred in full. Donohugh
VS.. Roberts. 3S Legal Intelligencer.
1877 Hare, President Judge, Court of
Common Pleas of Philadelphia county.
See also Second National Bank Of Tit
usville VS.. Caldwell, 80 Legal LnteW
gencer, Ala; Acheson, District Judge,
United States District Court of West
ern Pennsylvania.
1881, June 29.-Prohibiting the issuing
of store orders is unconstitutional, as it
prevents persons who are sui juris from
making their own contracts. God
charles & Co. We. Wigeman, Amer
man, 43l.
1888, June 13.-Authorizing County
Commissioners to discharge prisoners
without taking benefit of iDsolvent law
is local and therefore unconstitutional.
In repetition of Elisha Carey, 43
Legal Lnteligencer, 384; Yerkes, P.
j, Quarter Sessions of Bucks county.
1888, June 22.-Directing that in
counties, the population of which ex-
ceeds 100000 and is less than 100000
the fees of the county officers shall be
turned into the County Treasurer, and
they shall be paid salaries is urcoDsti-
tutional, as it is local or special law
regulating the affairs of counties. Nc
Carihv vs. Commonwealth, 43 Legal
Antelligemcer, II.
1888, June 27.-Authorizing plain
tiff's attorney to enter judgment of re-
vival of municipal claim notwith-
standing defense interposed in cities
of the first class is unconstitutional.
City of Philadelphia VS.. Pepper, 43
Legal Lptelligencer. Ala; Arnold j.,
Common Pleas of Philadelphia. AT
firmed by the Supreme Court, Gordon,
j., on February 7, 1887.